School officials must proactively protect public property from “squatters.” The Michigan Court of Appeals recently ruled that the statutory protection from adverse possession or acquiescence claims applies only when the municipal corporation initiates a lawsuit to protect public property, and not as a defense to a claim brought against the municipal corporation. Waisanen Family Trust v Superior Twp, 305 Mich App 719 (2014).
In 1971, Ken Waisanen bought property that abutted...
The Michigan Supreme Court recently issued an order denying the MEA’s application for leave to appeal in Baumgartner v Perry Pub Schs, Docket No. 151479 (July 10, 2015). The Court’s order lets stand the Court of Appeals’ ruling that the State Tenure Commission lacks jurisdiction to hear layoff and recall cases. We first reported on the Baumgartner decision in the March 26, 2015 edition of School Law Notes.
The Baumgartner decision is now a final...
The Michigan Court of Appeals recently ruled that a city’s failure to reappoint a political appointee to an administrative position after his term expired is not an “adverse employment action” that can give rise to liability under Michigan’s Whistleblower Protection Act (“WPA”). Whitman v City of Burton, Docket No. 294703 (July 9, 2015). The court also held that, under the WPA, “protected activity” does not include conduct that objectively serves an individual’s personal interest...
Governor Snyder recently signed a bill package to earlier identify and resolve fiscal stress in schools that combines enhanced financial reporting, “potential” fiscal stress determinations, modified deficit elimination plan requirements, and state aid withholding. This article summarizes the legislation.
Financial...
On Friday, February 27th Thrun Law Firm temporarily relocated its East Lansing office to Honolulu, Hawaii in an effort to cope with Michigan's harsh...
The Michigan Court of Appeals recently held that teachers, both tenured and probationary, may bring a claim under Section 1248 of the Revised School Code in circuit court challenging a layoff-related decision based upon the district’s alleged failure to adopt and implement a performance evaluation system in compliance with Section 1249. Summer v Southfield Bd of Ed, Docket No. 320680 (June 2, 2015). This decision illustrates the importance of ensuring that teacher and administrator...
The Michigan Department of Education issued a memorandum on May 14, 2015 announcing that all Michigan educators may use District Provided Professional Development (DPPD) to advance a provisional teaching certificate to a professional education certificate or to renew the following MDE issued certificates or licenses:
As the end of the school year approaches, school officials should be finalizing year-end teacher evaluations. To assist our clients with the legal standards for teacher evaluations found in Revised School Code Section 1249, we have created a flow chart (attached) which summarizes the requirements, including classroom observations...
The high school graduation ceremony is the culmination of the K-12 experience for graduates and their families. As a defining moment in a student’s life, the graduation ceremony carries both social and emotional significance. The graduation ceremony also presents many challenges for school officials.
School decisions affecting a student’s participation in graduation can result in litigation. Fortunately, court decisions provide some guidance to school officials on navigating this...
Prom season is upon us ̶ along with all the accompanying legal issues. Below are tips for navigating common “prom-blems” as well as some “prom-posals” to address them.
Attendance
There is no constitutional “right” to attend the prom. Attending the prom is a privilege, subject to revocation for non-compliance with reasonable conduct standards. Schools may not, however, prohibit a student from attending prom based on a protected classification, e.g., race, religion,...